Aiken v. Sidney Steel Scraper Co.

Plaintiff was injured by falling down an open elevator shaft. He charges defendant with negligence and brought the present action. At the conclusion of the evidence in his behalf the trial court gave a peremptory instruction to the jury to find a verdict for defendant..

It appears that defendant kept machinery for sale and that plaintiff desiring to purchase an attachment or casting belonging to certain machinery went to defendant’s establishment and was waited upon by a Mr. Hall, defendant’s employee in charge of the stock. Hall informed him they did not have what he wanted detached, but…